Ag News

AEWR to rise by another 9% in 2025; courts place DOL rule on hold

On Nov. 20, the U.S. Department of Labor (DOL) announced findings from the latest Farm Labor Survey. According to the data, Georgia’s Adverse Effect Wage Rate (AEWR) is expected to rise 9% to $16.08 per hour, an increase of $1.40 from the previous $14.68 rate. These rates will not become official until published in the Federal Register but are expected to take effect before January 2025.

Nationwide, combined field worker and livestock worker wages increased 3.2%, according to analysis by the American Farm Bureau Federation (AFBF). AFBF Economist Samantha Ayoub said the Farm Labor Survey’s combined field and livestock worker wage becomes the AEWR that DOL uses for six different standard occupation codes, accounting for 96% of H-2A workers nationwide.

According to the Georgia Fruit & Vegetable Growers Association, Georgia growers have faced a 31% increase in the AEWR in the last three years amid continued struggles from high input prices and surging imports.

U.S. District Courts rule against DOL Farmworker Protection Rule

In other labor-related developments on Nov. 25, courts in Kentucky and Mississippi imposed restrictions on implementation of the DOL’s 2024 Farmworker Protection Rule, which DOL finalized in April. The rulings expanded the number of states in which DOL cannot implement the rule, at least on a temporary basis.

The U.S. District Court for the Southern District of Mississippi issued a nationwide stay prohibiting implementation of the Farmworker Protection Rule until completion of legal proceedings in the case of International Fresh Produce Association v. U.S. Department of Labor.

“Farmers appreciate the dedicated men and women who choose to work on their farms, and they take seriously the responsibility of ensuring a safe workplace. Farm Bureau agrees that workers should be treated fairly and respectfully,” said AFBF President Zippy Duvall. “We also believe fairness to farmers is important and the DOL rule was overly broad to the point of being unlawful. We appreciate that the court recognized the overreach of the rule. We urge the DOL to go back to the drawing board and engage with H-2A employers to better understand the impact more regulations will have on the men and women who work to ensure America’s families have food on the table.”

The U.S. District Court for the Eastern District of Kentucky, in the case Barton v. Department of Labor, found that the rule’s provisions related to seatbelt use, on-farm labor organization, information collection requirements and minimum pay requirements could not be implemented.

This ruling is applicable in Kentucky, Alabama, Ohio and West Virginia. The court also enjoined the rule’s implementation against the plaintiffs in the case and for members of members of the Agriculture Workforce Management Association, Inc. (including its shareholders/members); North Carolina Growers’ Association, Inc. (including members of that non-profit association); Workers and Farmer Labor Association, also known as “Wafla” (including members of that non-profit association); USA FARMERS, Inc. (including members of that non-profit association); and the National Council of Agricultural Employers (including members of that non-profit association).

On Aug. 26 in the case Kansas et al v. U.S. Department of Labor, the U.S. District Court for the Southern District of Georgia prohibited the department from implementing the rule in 17 states, including Georgia, and with respect to Miles Berry Farm and members of the Georgia Fruit & Vegetable Growers Association.

The DOL indicated it will issue additional information and guidance on ongoing compliance and implementation of these orders as soon as possible. Until additional guidance is published by the Department, as of Nov. 27, employers or their attorneys or agents will be directed on the Foreign Labor Application Gateway (FLAG) System to prepare and submit H-2A job orders and Applications for Temporary Employment Certification using the forms applicable under the version of 20 CFR part 655, subpart B in effect on June 27.

---

• Categories:

• Tags:

---